Who possesses the right to bequeath a division night allocated to a female slave?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
The right to the division period belongs to the female slave herself, not her master. She may gift her allotted night to her husband or to some of her co-wives, similar to a free woman. Her master has no standing to object or to gift it on her behalf because the right of cohabitation and lodging is hers exclusively. The argument that she requires her master's permission for waiving her division right, derived from the necessity of seeking permission for sexual withdrawal (azl), is invalid because intercourse is not the subject of the division right, and matters like claiming return (fi'ah) or dissolution of marriage due to impotence belong solely to the female slave.
Supporting text
The opinion of Al-Qadi, based on an analogy from the view of Ahmad, suggests that her gifting her division right requires the permission of the slave's master.